IMPLEMENTASI PERDAMAIAN (ACCORD) PADA PENGADILAN NIAGA DALAM PENYELESAIAN PERKARA KEPAILITAN DI INDONESIA
| Autor: | Anita Afriana, S.H., M.H, Rai Mantili, S.H., M.H |
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| Jazyk: | indonéština |
| Rok vydání: | 2017 |
| Předmět: | |
| Zdroj: | Jurnal Ilmiah Hukum: De'Jure, Vol 2, Iss 2, Pp 219-233 (2017) |
| Druh dokumentu: | article |
| ISSN: | 2442-7578 2541-1594 |
| Popis: | In bankruptcy law also known terms of peace, peace in bankruptcy law is one way to end an ongoing bankruptcy process. This article aims to know devoted to peace after the verdict of bankruptcy declaration, which will examine the implementation of peace in the Commercial Court of Jakarta and examine the factors that become obstacles for the parties to implement peace. This article is part of the research that has been done, with the normative juridical method that is not only limited to the research of the library but also require field research to obtain the primary data. Primary data were obtained from the Jakarta Commercial Court by interviewing commercial judges. Secondary data were obtained from library research by examining primary, secondary, and tertiary legal materials. Based on the results of field research, it is found that the mechanism of peace is rarely used by the parties, as long as the Commercial Court of Jakarta stands only 2 (two) signed peace treaties. The barriers that occur in practice so that peace can not be achieved by both parties in the Jakarta Commercial Court consists of several factors such as the absence of roles of judges and institutions, the absence of obligation to reconcile, the factors of the parties (HR) to reach an agreement, the existence procedures and mechanisms, the result of a peace agreement that gives less legal effect, thus providing a great opportunity for the debtor to violate a mutually agreed agreement is a constraint in practice so that peace will be difficult to achieve and utilized by the parties as a procedural procedure in solving the bankruptcy case. |
| Databáze: | Directory of Open Access Journals |
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